Telegram-herald., 1887-06-21
ENTUP T0SEEAMAN
GUT DID NOT INTEND TO GAMBLE.
W. n. Riley. oas Of the foartesn Arrested
Saturday Afternoons Tried and DIS
ehArxsd-The lntsnt 10 Violate the
Law Was Not frosea.


At SOC yesterday afternoon the case OF
W. h. Riley, charged with gambling. was
called IN Police Court j. Z. Mcbride. for
the defense. stated that no effort would bs
made 10 oppose the character Of the house
or deny the fact that be Was there. Assist
ant City Attorney Taylor asked for further
delay. bot il was not pressed and the case
Was euly tried before the court
w. J. Hurley, Police Sergeant va:
sworn aud testined as follows. l found the
defendant Saturday afternoon ia the gamb-
ling house at q Pesri.st. / made no ce-
mand fof admittance. bnt busted n ths
door. think he was trying % get out when
first saw him. had no warrant for him
or 0ihers.
Pauolman J. o. Smith testified that the
defendant tried 10 Get out through the side
entrance. Il suppose he vent there 10 gam
bic from the instruments we found there.
Patrolman K S. Webb testified: Il went
mp front way: the door was locked; he
made rush to get out the same as the
others; we found gambling instruments
there Patrolnsn Wheeler testified the
same as his predecessors Sergeant Hurley
recalled. and described the tables. stated
that there was money on one Of the tables.
and in three of the drawers. II took The
money. $751;" Mcbride retorted, that's
right, keep it."
his own behalf and testified ss
follows: al reside In Jackson
county; am track layer; have worked on
both the Michigan Central and Grand
Trunk roads had been in the room from
three TO five minutes when the .fiicers
came went up through the saloon;
went up TO see a man whom | was told by
the bartender was up there: ] was not thera
for the purpose OF gambling; did not know
i. was gambling house. Cross exaInina-
ton: My home is at Grass Lake. had
been in the Upper Peninsula for several
weeks working on the new Minneapolis
road: | was on my way home; j have lived
at Grass Lake OF and on for iorty-seyen
wears: DR. Wood was taking care OF me;
had sore neck and went mp 10 see
the man and have him put
plaster on my neck; an
sick now; was handcuded and dragged
down and laid in cell for several hours
tried to get out because / did not know
whe ther the officials were going to kill me
or not from the way they acted"
In answer TO questions from the Judge, hs
said Il recognized the room as gambling
place and came up there simply 10 see my
friend. and had no intention of playing"
]. L. Mcbride addressed the court, say
| ing that the ordinance was one in which An
| intent must be shown. and that man who
visited gambling house for the purpose o
visiting a person there, or buying cigar OF
| drink, could not be found guilty except i
was shown that the person so yisitinS
went there with an intent u
| gamble. II must not be a supposition or
the part of the prosecution. but must bt
proven. Two of the witnesses. Hurley and
Smith, were presumptious enough-anc
| they are pretentious enough on all occa
| sions--to claim to be wiser than any of the
other officers, and to state that they pre-
sumo he went there for the purpose o
| gambling.
Judge Holmes after listening TO the argH
ments, stated that the testimony had shown
| that the place in question was Q gambling
room and that the defendant had hearc
| of its character. Nothing was presented tc
directly show that he went there for ar
illegal purpose, but the surroundings woulS
| Justify the act OF arrest IL must be pre-
surned that the person found was there fo
/ an innocent purpose The defendant
statement is consistent The defendant Is
therefore DISCHARGED the case chargec
against him not berg proven.